The State Pension Credit Regulations (Northern Ireland) 2003

Regulation 17(9)

SCHEDULE 6 SUMS DISREGARDED FROM CLAIMANT'S EARNINGS

1.—(1) In a case where a claimant is a lone parent, £20 of earnings.

(2) In this paragraph –

“lone parent” means a person who has no partner and who is responsible for, and a member of the same household as, a child;

“child” means a person treated as a child for the purposes of Part IX of the Contributions and Benefits Act.

2.—(1) In a case of earnings from employment to which sub-paragraph (2) applies, £20.

(2) This paragraph applies to employment –

(a) as a part-time fireman in a fire brigade maintained in pursuance of the Fire Services (Northern Ireland) Order 1984(1);

(b) as an auxiliary coastguard in respect of coast rescue activities;

(c) in the manning or launching of a lifeboat if the employment is part-time;

(d) a member of any territorial or reserve force prescribed in Part I of Schedule 6 to the Social Security (Contributions) Regulations 2001(2);

(e) a person in the army whose service is restricted to part-time service in Northern Ireland pursuant to section 1 of the Army Act 1992(3), regulations made under section 2 of the Armed Forces Act 1966(4), or the terms of his commission;

(f) a part-time member of the Police Service of Northern Ireland Reserve appointed under section 37 of the Police (Northern Ireland) Act 2000(5).

3.—(1) If the claimant or one of the partners is a carer, or both partners are carers, £20 of any earnings received from his or their employment.

(2) In this paragraph the claimant or his partner is a carer if paragraph 4 of Part II of Schedule 1 (amount applicable for carers) is satisfied in respect of him.

4.—(1) £20 is disregarded if the claimant or, if he has a partner, his partner –

(a) is in receipt of –

(i) long-term incapacity benefit under section 30A of the Contributions and Benefits Act(6);

(ii) severe disablement allowance under section 68 of that Act;

(iii) attendance allowance;

(iv) disability living allowance under section 71 to 76 of that Act;

(v) any mobility supplement under Article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983(7) (including such a supplement by virtue of any other scheme or order) or under Article 25A of the Personal Injuries (Civilians) Scheme 1983(8);

(vi) the disability element or the severe disability element of working tax credit under Schedule 2 to the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002(9), or

(b) is or are registered as blind in a register compiled by a Health and Social Services Board established under Article 16 of the 1972 Order.

(2) Subject to sub-paragraph (4), £20 is disregarded if the claimant or, if he has a partner, his partner has, within a period of 8 weeks ending on the day in respect of which the claimant first satisfies the conditions for entitlement to state pension credit, had an award of income support or income-based jobseeker’s allowance and –

(a) £20 was disregarded in respect of earnings taken into account in that award;

(b) the person whose earnings qualified for the disregard continues in employment after the termination of that award.

(3) Subject to sub-paragraph (4), £20 is disregarded if the claimant or, if he has a partner, his partner, immediately before attaining pensionable age –

(a) had an award of state pension credit, and

(b) a disregard under paragraph 4(1)(a)(i) or (ii) was taken into account in determining that award.

(4) The disregard of £20 specified in sub-paragraphs (2) and (3) applies so long as there is no break, other than a break which does not exceed 8 weeks –

(a) in a case to which sub-paragraph (2) refers, in a person’s entitlement to state pension credit or in employment following the first day in respect of which state pension credit is awarded, or

(b) in a case where sub-paragraph (3) applies, in the person’s entitlement to state pension credit since attaining pensionable age.

5.  Except where the claimant or his partner qualifies for a £20 disregard under paragraphs (1) to (4) –

(a) £5 shall be disregarded if a claimant who has no partner has earnings;

(b) £10 shall be disregarded if a claimant who has a partner has earnings.

6.  Any earnings, other than any amount referred to in regulation 17(9)(b), derived from any employment which ended before the day in respect of which the claimant first satisfies the conditions for entitlement to state pension credit.

7.  Any banking charges or commission payable in converting to sterling payments of earnings made in a currency other than sterling.

(1)

S.I. 1984/1821 (N.I. 11)

(2)

S.I. 2001/1004

(3)

1992 c. 39

(4)

1966 c. 45; section 2 was amended by section 2 of the Army Act 1992

(5)

2000 c. 32

(6)

Section 30A was inserted by Article 3(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and amended by Article 61 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))

(7)

Article 26A was inserted by Article 4 of S.I. 1983/1116 and amended by S.I. 1983/1821, 1986/592, 1990/1308, 1991/766, 1992/710, 1995/766 and 1997/286

(8)

S.I. 1983/686; Article 25A was amended by S.I. 1983/1164 and 1540 and 1986/628

(9)

S.I. 2002/2005